The Henderson County
Board of Commissioners met for a special called meeting at in the Commissioners' Conference
Room of the HendersonCountyOfficeBuilding.
Those present were:Chairman Bill Moyer, Vice-Chairman Charlie Messer, Commissioner Larry
Young, Commissioner Chuck McGrady,
Commissioner Mark Williams, County
Manager Steve Wyatt, Assistant
County Manager Selena Coffey, County
Attorney Russell Burrell, and Clerk to the Board Elizabeth W. Corn.
Also present were: Associate
County Attorney Sarah Zambon,
Communications Officer Pam Brice,
and Research/Grants Coordinator Amy Brantley.
Present from the State
Department of Agriculture and Consumer Services, Veterinary Division: Mary Ann
McBride, DVM, MS, Assistant State Veterinarian and David T. Marshall, DVM,
State Veterinarian, Director of Diagnostic Laboratory System.
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance stating that the purpose of
the meeting was to discuss a proposal from the State with respect to All
Creatures Great and Small.At our last
meeting there was a presentation from the State Department of Agriculture with
regard to a proposed agreement which would include the involvement of HendersonCounty in resolution of the issues with
respect to All Creatures. After hearing the presentation, the Board authorized
staff to negotiate with representatives of the State with respect to the
agreement and any other open issues.Chairman Moyer stated “We are here today to report to you the progress
of those negotiations and where we stand and what we think is a very favorable
resolution to this issue.”
NC DEPARTMENT OF AGRICULTURE
Dr. McBride stated that
she presented a proposal at the January 24 meeting requesting that the County of Henderson
take possession of the animals in a temporary capacity to help the State solve
the closure of All Creatures Great and Small and the Board voted to direct HendersonCounty staff to continue negotiations.
Negotiations have been on-going.Dr.
McBride stated that she was to come back with the following tasks having been
signed amended consent order.
signed document with the site owner.
reached an agreement with a prepared memorandum with HendersonCounty.
Dr. McBride stated that
in the meantime State staff has spent a tremendous amount of time planning for
Operation MoveOut.All of those entities
have been a part of that so in addition to negotiations directly with the
County, they have moved quite a bit further down the Operation MoveOut plan
that was viewed last week.
Dr. McBride addressed
the three above tasks she was assigned stating that the amended consent order
has not been signed, to her knowledge.All Creatures’ attorney has assured her that it is being filed this
afternoon.She will let the County know
as soon as she knows that has been done.She stated that it may no longer be a concern because the number of
animals has now dropped below 350 so that all animals on the property should
fall under the current consent order. She still intends to pursue that amended
consent order to fulfill that obligation to the Board of Commissioners.She stated that they do have an alternate
site secured.That was arranged prior to
the next situation she will discuss. An agreement has been reached with Mr.
Gladieux, the current property owner who has a lease with All Creatures Great
and Small.He has agreed to allow North
Carolina Department of Agriculture and their designees to occupy his property
and operate the facility from the dates of February 1 to March 14, 2008.The only reason for that change, the extension,
is that’s the date that the facility is required by other consent order to
close.She fully anticipates being off
that property by the end of February. She stated that she also has a mutually
acceptable memorandum of agreement that was reached with Henderson County Staff
and it is ready for consideration by the Board of Commissioners at this
time.Dr. McBride said that based on the
tentative agreement but then changed it to the firm agreement because the
agreement has just been signed with Mr. Gladieux, the non-issue of the consent
order at this point and acceptable State/County MOA, she respectfully requested
that HendersonCounty accept the role of temporary
ownership during the period specified.
Dr. McBride wished to
make it clear that the State is committed to promoting the adoption of all
animals remaining on that property.They
also intend to work cooperatively and continue to work cooperatively with all
parties, those listed and any others that come forward.
Chairman Moyer mentioned
that there were a number of options that Dr. McBride talked about, alternative
sites and other things but everyone involved in the process from county staff
and state staff and staff of All Creatures felt it very important to try to
keep the animals on the present location so they would not have to be moved
twice and go through the stress and problems associated with that. A lot of
negotiations went on between the state and Mr. Gladieux, the owner of the
site.Those negotiations have proved
fruitful and there is an agreement that is satisfactory and will enable the
animals to stay on that site and then go forward with Operation MoveOut.The remaining piece that the County is still
involved in is taking legal custody.We
have that agreement. Chairman Moyer asked Selena
Coffey to speak to that agreement.He stated that the Commissioners need to
understand the Memorandum of Agreement that ties into the rest.
stated that she and Sarah Zambon had
spent a considerable amount of time discussing with Dr. McBride and Dr. Hunter
and both of their staffs about where we go and how to get there and how we make
it a situation that is as favorable as possible for the county, the state, and
for the animals at All Creatures as well as for the folks that have vested
interest at All Creatures. She asked Sarah Zambon
to address the Board and quickly go through the agreement and offer the
Commissioners time for questions.
reviewed the MOA with the Commissioners.She began with the terms as follows:
The agreement states that HendersonCounty shall have
legal custody but not physical custody of any animals taken from the
shelter no later than February
Provision A - Court
Order. Currently they have a court order in effect from December 6.This court order authorized the Department of
Agriculture to have custody of 350 animals. The reports are now that the number
of animals at All Creatures is below 350 so the current consent order would allow
them to take those animals.However, as
Dr. McBride stated, they are negotiating and hopefully a new consent order will
be signed this afternoon or tomorrow this consent order allows them to
immediately go into All Creatures and take over operations of that facility.However, the county will not take legal
custody until either consent order is enforced.
Provision B - Inventory.
We are requiring the Department of Agriculture, once they take control of the
facility, to give HendersonCounty a list of all the
animals that are on the premises.This
also comes up in a later provision.The
Department has to supplement and amend that inventory as animals are
transferred out of the county or as animals are adopted out.
Provision C - Revocation
of legal custody. In the event that any animals are taken outside the
county, HendersonCounty will no longer
have legal custody of them.
Provision D – Reversion
of legal custody. No later than March 14, 2008 will the county have legal custody for any
of these animals and at that time legal custody will transfer to the Department
of Agriculture or its designee. Ms. Zambon noted that previously HendersonCounty had stated that it would be February 29, 2008 but after
discussions amongst staff and with Mr. Gladieux and the Department of
Agriculture, staff decided to extend the agreement to March 14, which is the
deadline in the original consent order and the consent order that has not yet
been signed. As Dr. McBride stated, there is no reason why this shouldn’t be
over by the end of February.This
agreement would commit the county until March 14.
Provision E – Physical
custody. The County will not have physical custody.
Provision F – Adoptions.
The County is appointing the Department or their designee (partners or any
organizations they are working with) to maintain the animal inventory and to
transfer or adopt out the animals as they see fit.
Within 10 days of February 1, or whenever this comes into effect,
the Department of Agriculture or its designee taking over All
Creatures.They must complete an
inventory and give the results of that assessment to the County.
Provision A – Screening.
Included in this assessment is screening of all the adoptable animals.Any animals determined not to be adoptable,
either because they’re too sick or because they’re dangerous or for whatever
other reasons there may be, must be removed from the shelter no later than
midnight on February 14.Once the
animals leave the designated facility they are the property of the Department,
unless it’s for veterinary care, assessment or some other similar purpose to
that. Animals not adoptable shall be humanely destroyed. To protect the county,
to prevent any kind of backflow into our shelter, all the animals must be
microchipped and any animals not considered adoptable that are released somehow
into the county that we can track will immediately void this agreement between
the Department and the County.
Provision B – Micro chipping.
All animals, adoptable or not, must be micro chipped and Henderson County must
get access to all the microchip numbers as soon as they become accessible but
no later than any individual animal is adopted so that any time an animal is
adopted we’ll be able to trace it to make sure it doesn’t come back to our
Provision C – Vaccinations and
alteration. All animals, adoptable or not, must be vaccinated against
rabies and adoptable animals will be vaccinated to other diseases as is
determined to make them more adoptable. All animals will also be altered prior
Provision D – Report to the
County. Within 4 days of the completion of the assessment the Department
must give the County a description of all the animals which gives the physical
description, the micro chip number, determination of whether or not the animal
is adoptable, the reason for the determination and what alternatives are
appropriate, vaccination records, and any other related records that are now
accessible to All Creatures.
Documentation. The Department must provide the County with the
following plans and procedures prior to legal custody transfer to
Henderson County or within two days of taking legal custody, subject to
amendment and refinement by Department and the animal welfare and control
organizations participating in care and assessment of the animals:
a.General Objectives, Plans and Procedures for
Phase 2: Operation MoveOut;
b.List of the animal welfare and animal control
organizations that have signed memoranda of agreement with the Department
indicating willingness to help care for and assess the animals and promote
their adoption as part of the process of closing ACGS’ facility;
c.List of groups anticipated to accept or adopt
animals, an estimate of how many animals each group will take and when each
group is anticipated to accept possession of the animals they select, when such
information becomes available to the Department;
d.Procedures for adoptions directly from the
shelter facility to individuals and organizations;
e.Criteria for determining whether animals are
adoptable or not; and
f.Procedures for animal disposal when necessary
including who will make the decision, who will euthanize the animal, and how
the animal will be euthanized and the manner in which the deceased animals
shall be disposed.
Responsibility. The County shall take no financial responsibility
for the animals obtained from ACGS including but not limited to any
sheltering expenses, food, personnel costs, disposition costs, husbandry
care, socialization and training and medical attention.The parties understand that the
Department shall have discretion concerning the nature and extent of goods
and services used in the assessment and care of the animals.
of Partners. The Department agrees to notify HendersonCounty of any groups,
individuals, organizations, or agencies entering HendersonCounty
in order to work on Operation MoveOut including but not limited to those
signing a memorandum of agreement with the Department.
Requires the Department to abide by the Henderson County Animal Ordinance
and all provisions of the Henderson CountyCode while the Department has an operation in HendersonCounty.
The parties understand and agree that the Department shall use either the
ACGS facility or an alternative site of the Department’s choosing.
stated that “b” of this section is now moot given the agreement between Mr.
Gladieux and the Department of Agriculture.
a.If the ACGS facility is used (as is now
anticipated), it shall be used in “as is” condition, without sufficient
resources to bring said facility into full compliance with applicable building
and fire codes and accomplish the objectives of Operation MoveOut,
simultaneously.The Department shall
take reasonable steps to ensure that conditions in the facility are reasonably
safe for its employees and those employees, agents, volunteers and other
personnel of its designees, as well as members of the public who visit the
facility during Department’s operation.
of the Temporary Shelter. HendersonCounty
does not take any responsibility for the management or operation of
Operation MoveOut. It is totally within the responsibility of the
of Animals. All animals will be treated humanely, safe and in a
sanitary way and they must all comply with North Carolina General Statute
19A, which is the Animal Welfare Act, and Henderson County Code 66A, which
is our Animal Ordinance.
to County. The Department shall keep the county informed of
progress toward operational goals, unexpected problems, and any
significant events that occur during Operation MoveOut.Specifically, a representative of the
County shall be invited to participate in any periodic or regularly
scheduled meetings, conference calls, or the like that the Department
shall hold during the Operation.At
such times, County staff may provide the Department with input regarding
procedures or policies.It shall be
in the Department’s discretion as to how to proceed with this input.
of Designee.The Department shall ensure there is a secondary
designee(s) to take legal custody of the animals in case of default on
this agreement, to take legal custody on of March 14, 2008 and in all other instances as referred
to by this Agreement.
Security.Requires the Department
to gain adequate security for their staff, volunteers, the animals, and
The Department shall submit to the County by March 31, 2008 a summary report providing
the final disposition of all the animals taken into legal custody by the
County and a final report of the outcome of Operation MoveOut shall be
provided to the County by April
This Agreement will end
on March 14, 2008
or at such earlier or later date as the County and the Department may mutually
agree to, by formal supplemental memorandum. Upon termination the legal
custody of any remaining animals obtained from ACGS shall immediately
revert to the Department of Agriculture’ designee(s).
Termination.If either party fails to meet any
of the provisions of this agreement in good faith, the entire agreement
becomes invalid.Either party may
terminate this agreement at any time with 3 day notification of the other
party. However, any failure to satisfy a provision in this agreement may
be remedied or cured within the notice period and the agreement shall
continue in place.In any instance
where this agreement terminates prior to March 14, 2008, legal custody of
the animals shall immediately revert to the North Carolina Department of
Agriculture’s designees and Henderson County holds no responsibility
except as provided by law for the animals obtained from ACGS or for
Agreement. The Sheriff’s Department shall consider any mutual aid
agreements with authorized partners of the Department of Agriculture.
Work to be performed as provided herein shall be done by the Department as
a separate and independent organization.The County shall not be liable for claims for damages or losses
arising out of the performances of the Agreement by the Department, its
employees, officers, agents, or partners and the Department shall
indemnify and hold harmless, to the extent allowed by law, the County, its
officers, employees, and agents from all such claims arising under this
liability, if any, arising from its operation of the facility and from
Operation MoveOut shall be determined under the North Carolina Tort Claims
of Third Party. The designation by either the County or the
Department of a third party or parties to undertake all or any part of
this Agreement shall not relieve the designating party from liability for
compliance with the terms of the Agreement. All third parties must be
bound in writing to comply with substantially similar provisions appearing
in this Agreement.
This Agreement is expressly non-assignable without prior written consent
and approval by the non-assigning party.The Project may not be continued by a successor to either party without
the prior written consent of the non-moving party.
Process. Service of all notices under this Agreement shall be
sufficient if given personally, by registered or certified mail, returned
receipt requested, and mailed to the party involved at the address and to
the attention of the person set forth below, or to such other person or
address as said party may provide in writing from time to time. Faxed
notice mailed to such address shall be effective upon the date received as
shown by the returned receipt or otherwise:
For Department of AgricultureFor County of HendersonCounty
Barry Blochc/o Selena Coffey
of Justice100 North King
P.O. Box 629Hendersonville, North Carolina
Provisions.The singular of any term used in this Agreement shall
include the plural, and the masculine shall include the feminine and vice
22. Governing Law.The laws of the State of North Carolina shall
govern the validity of this
Agreement, its interpretation and
performance, and any other claims related to it.
with Applicable Law.The Department of Agriculture and the County
comply with any and all applicable federal,
state, and local statutes, regulations, laws, and
this Agreement.This Agreement gives no rights or benefits to
than the Department of Agriculture or the
Original.A signed copy of this Agreement shall be considered as an Original.
Discussion followed. A question
was raised about any involvement by the City since ACGS is in the City
limits.Ms. Zambon stated that as far as
she knew there are no problems.This
agreement, under the additional securities provision, does encourage the State
to work with the City as Hendersonville Police Department in security
Police.However, they can also get
private security if the need is seen. Dr. McBride shared with Ms. Zambon that
she had spoken with the Police Department last week and they were having
on-going conversations about what level of security would be needed.
Coffey added that Sheriff Davis has had conversations with
Captain Jones at the City Police Department.They have discussed the issue and how the interoffice agreement between
the City Police and the Sheriff’s Department will work. Ms. Coffey stated this
doesn’t necessarily require Sheriff’s presence but in the event that the
Sheriff’s Department is requested to be there as an additional force to secure
the site, the Sheriff has said that he is amenable to that.
Chairman Moyer thanked Dr.
McBride and the people from the State for their cooperation in working with
County staff.He felt that we had as
good a solution as we could have found with all the circumstances that exist.
Chairman Moyer made the motion to approve the Memorandum of Agreement
and authorize the signing of it with any minor changes as necessary to move the
process forward.A vote was taken and
the motion passed unanimously.
Commissioner McGrady made the motion to adjourn the meeting at All voted in favor and the motion carried.
Elizabeth W. Corn, Clerk to the
Board William L.